Caselaw

Criminal Case (Be’er Sheva) 29984-08-16 State of Israel v. Muhammad Zoabi - part 14

August 17, 2017
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The Theft Incident from the Base

  1. First, the facts and circumstances of the bunker's break-in and the theft of the Amal will be described below"VIII, and the evidence that establishes the facts described in the indictment in relation to this.

Admittedly, as stated above, there is no dispute about the incident itself, and about the fact that the weapons were stolen from the bunker at the military base, in view of the nature of the petty claim, I find it appropriate to detail the incident briefly, despite the fact that there is agreement on these facts.

The evidence presented to me indicates that officer Shadi's company secured the military base, including between April 24, 2016 and May 1, 2016.  On April 10, 2016, the last inventory audit of the bunker was conducted prior to the discovery of the breach.

On May 4, 2016, another inspection and inventory count was carried out in the bunker, and then for the first time it was noticed that something was wrong, the chain of the bunker was loosely wrapped, the door was not locked, and it was found that 77 shrapnel grenades (about 10 boxes), 13 "Leo" missiles and one Matador missile were missing (see P/1-P/2 the statements of R.  G.  Yosef Matza, who noticed the breach, as well as P/10-P/13 of the ammunition count report).  See also P/14, which is a report of a visit to the scene of an offense, which includes photographs and markings of the bunker inside and out, the chain, the boxes in which ammunition was missing, and photographs of T.A.

After examining the scene of the incident, a "Bruce" was found on the inside of the lid that contained an explosive device.  A.  of Officer Shadi (P/17-P/25), when from an inquiry conducted the officer never received or returned ammunition to the bunker, and there was no justifiable reason for the presence of T.A.  His on the lid, see P/7, P/5.

Following the finding, Officer Shadi was interrogated, and finally confessed and incriminated his accomplices in the burglary and theft, directly his driver, Adi Zoabi (P/179) (and this is discussed below).  Shadi's interrogations indicate that the burglary took place on April 29, 2016, the date the defendant raised a dispute about it, but there is no substance to the allegations regarding the date.  This is the time of the theft.

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